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The Judge: 'OWS' Protesters Using Capitalism to Attack Capitalism

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    FOX News senior judicial analyst Judge Andrew Napolitano on the next step for Occupy Wall Street.

  • Duration 3:48
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-- -- Well that's rough weather here in New York in the rain though not washing away the occupy crowd as the protesters.

We're out there are hundreds maybe thousands taking to the streets of Manhattan and across the country yesterday.

There were arrests as well in cities including New York Philadelphia and Miami.

Sure start however paying more attention to these protests let's ask judge -- apology and a Fox News senior judicial analyst perfectly legal but is their message.

Well skewed and ironic us.

Well -- -- their message is ironic because they use the tools of capitalism with which to attack capitalism and they all have -- ipads.

Yeah like you guys to our blackberries like cat like most of us doing carry nap sacks and communicate backpacks and communicate in very as sophisticated ways yet their argument basically is smash capitalism and redistribute wealth.

Under the constitution it doesn't matter how absurd or bizarre or even on American or anti American.

Their argument is it's political protest it's absolutely protected speech.

Speech.

What is not protected his standing in the roadway and stopping traffic was not protected -- what happened in San Francisco yesterday when they -- smashed in the windows and -- This how shopkeepers right now these kids are probably not going to be found there's no one for them.

To sort of let's just an insurance company that's gonna pay the bill and we'll never be able to recoup the loss -- -- the right to protest to break the law you're supposed to get arrested.

For that wouldn't -- the political effect in your view of this -- 2010 was impacted by the Tea Party and all that -- mean everybody mostly would agree on that I think but what about 2012 to these guys on the back now right into wanting to and the Republicans -- to the Tea Party in 2011 the Democrats embraced Occupy Wall Street.

Did you hear any Democrats embracing occupy -- -- yesterday.

No it's a little too close to a presidential election.

These people are little too destructive and unpredictable -- correct and there are a little too much in people's faces for the president or mrs.

Pelosi who publicly embraced them.

Eight or nine months ago when -- started -- New York City last fall to embrace them now don't look.

For the Democrats to -- and and put their arms around that these folks this time.

But does it represent a a movement in this country that is growing in terms of we want essentially we want more government intervention well you -- -- the government to comment and take some people's money away OK that's another.

They did say some things that warm my libertarian heart and tell me how that it did say ended the -- -- -- you know when this was -- Not in October.

I was on another show that doesn't exist anymore we sent our producers down -- where they were encamped.

And Occupy Wall Street -- we actually found about fifteen or 20% of them we're carrying Ron Paul signs or don't tread on -- signs now.

That's about as far as they go in the -- that that that it resonates with.

Free market -- small government the rest of what they want is is sum -- amorphous form of a government.

That we'll take from those who have and give to those who have not.

Or deterrence level a lot of these people have they not exactly and have nots that just expressing a left wing idea but the idea of saying and the Fed on one hand and saying -- at stake and said -- give us as much government help as you can on the other is kind of that's the disjointed argument that you were bringing up early correct.

And the more disjointed is the less followers they will have a less impact they'll have.

On the presidential -- what do you think do you think they have an impact next November.

I I don't think -- probably I don't even know which way they're going to vote they criticize they the president.

As much as that for not fulfilling what they think our promises.

Uncapped as they criticize the Republicans thank you sir pleasure -- anything about ten.

Great studio -- and I -- that senator what are would you here anytime cup.